The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-06-28
The Board of Aldermen Promptly Concurs in
the Various Amendments to the Measure
Adopted by the Council.
Col. Johnson Refuses to Obey the Order
to Remove His Street-Car Tracks,
/, ever lie Thinks the Cable Company Needs
the Streets for Its Lines.

niftee to which it had been referred In the
report accompanying it, however, the several
amendments agreed upon by the committee at
its meeting on Saturday evening were submit
ted and considered seriatirn after the report had
been approved. None of them provoked discus
sion, except that relating to the miles of main
TO beIaid in the city during the first year by the
company persons operating under the ordi-
nance. The minimum, placed at twenty Eve
miles, some of the councimen thought, would
be a burden companies that might discover
only a limited amount OF gas and who might
wish to operate under the ordinance.
Mayor Denny, as a member of the committee,
In n minority report dissented from this require
mont in its general application and Councilman
Pearson proposed TO amend the amendment by
providing that the section relating to the laying
Of at least twenty miles of mains in the city
during the first year should not apply to compa-
MES persons who may find gas inside or with
in five miles of the city. He explained that sew
sral companies were prospecting in and near
the city and the gas they may discover would
not be sufficient to supply that length of mains.
They might have enough gas for four or Eve
blocks, and unless they were excepted they
could utilize none of it through mains under the
ordinance except by laying more mains than they
would require.
Councilman Swain said they could supply
themselves with gas or persons near their wells
ander Section IL of the ordinance. This gives
the right to manufacturers to pipe their own
Iu2ply from their own wells and to furnish
,ther parties The Mayor did not think SO. Il
was his opinion that the section restricted the
supply to the company or individuals owning
the well or wells. Manufacturers or others un-
Ter that section cannot supply private con-
Bumers-
Councilmen Swain and Cummings said the
Amendment proposed by Councilman Pearson
would cause an unfair competition. Companies
that had to pipe many miles at a large outlay
would be compelled to lay twenty. five miles of
mains while smaller companies, at a very small
expenditure, and with a limited supply of gas,
could lay mains to suit the flow of their wells,
and secure possibly some of the best consumers.
Councilman Thalman dwelt strongly on this
possibility, illustrating it by saying small COM
pany could run it's mains alone Washington
street and leave other parts of the city unsup-
Piled He favored the striking out of the limi-
tation Of twenty five miles. That would be equit-
able. but it was to prevent small and insecure
companies from monopoizing good sections Of
he city that the requirement to lay twenty-f five
miles during the first year was put in the ordi-
nance. The Pearson amendment was decided
adopted in viva voce vote, but Councilman
Ewaln, calling Tor the yeas ana nays, led IOun-
siIman Pearson to withdraw the amendment.
The other amendments were adopted without
dissent or change until the section relating to
the purchase Of the plant or plants by the city at
The expiration of each successive five years. on
yix months notice. was reached. Councilman
Thalman submitted, by request an amendment
to this section providing that the amount
to DO paid shall be computed on fair and
reasonable cost Of material and the expense of
putting in the same after deducting reason
able amount for necessary deterioration in value,
caused by uee, decay other impairment It
also provided that if the arbitrators failed to
agree, the amount TO be paid could be settled by
jury in a suit in the Circuit or Superior Courts.
This was laid the table, and after the
section was amended to allow the purchase
of the plant by the city any time after ten years
IN the giving by the city of six months notice,
passed without q dissenting vote; Councilmen
McGroarty and Rocker being absent
Another matter of current interest appeared
in a communication from the president Of the
Citizens Street-railway Company. The city
clerk announced that he had served notice on the
company to tear up the Central-avenue track in
accordance with the resolution passed by the
Council and the Board OF Aldermen. 1t was this
that brought from Colonel Johnson the commu-
ncation, which read as follows:
'INDIANAPoLIs June 27.
ITO the Honorable Common Council and Board of
"Gentlemen-On the 18th of June received
notice Of n resolution which passed your honor
able boards. requiring me to take up, within six
stating that we had laid the same in opposition
to the wishes of the property holders on that
street. expressed in a remonstrance against
the same. This is altogether a mistake. This
work done in accordance with petition
rom the property holders representing major
ty OF the front feet said avenue, which
petition we have yet in our possession. and If
necessary, will transmit it to your honorable
boards. However, while we were laying the
track in question the citizens, for some cause,
changed their minds, and demonstrated against
10 dad ha md . hao
been in a state of suspension from that day to
this, apd there has been no formal expression
Indicating a change of mind against the remon-
STRANGE since. The track upon Central avenue
was also laid in accordance with our charter Civ
ing us the right to lay upon Fit Wayne avenue or
road, portion of which is now known as Gen.
trail avenue and upon which portion we have the
unused track in question.
at now desire to submit to your honorable
board the following proposition: That / will
recommend to our company that they agree to
remove that track whenever, under and accord j
ng to the ordinance just granted to the Indian
Apolis Cable Company, they have built said
track shall not be any hindrance what
ever, but shall be promptly removed
in advance of their work In the
meantime / will keep that track covered mp so
As to be no obstruction in the streets. and
will not ATTEMPT to finish that line until after
Novem Der, 1888, the expiration OF the time al
lowed the cable company under their ordinance,
provided that all the rights of the Citizens Street
railway Company. other than herein provided.
shall DO preserved in said street. and that if said
ABLE co, company a shall not .,s construct
heretofore passed by your honorable
boards the Citizens Street-railway Company
may then join the unused track to their present
Iystem, in accordance with their charter; provided
urther, that this agreement shall be void should
here BE any effort the part Of the said cable
company to construct line TO be operated by
.nimal power on said streets.
~ will also recommend our company to
make precisely the same agreement with refer
NICE TO our tracks on Mississippi street. with the
lame limitations and provisions 70 time, etc.
II think IL but fair, however, to state that l
have no doubt as to the legal rights of my COM
,any on both these Streets and am induced to
make these propositions to you on account of the
popular demand for a cable street railroad and
with deference to the wishes of your honorable
bodies. Most respectfully,
"a. w. JOHNSON, President"
The communication was referred to the Mayor
:ity attorney and committee on railroads.
The routine business transacted was confined